MOKIBUL ALIAS MOKIBUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge is to the Order dated December 24, 2009 passed by the learned Additional Chief Judicial Magistrate, Uluberia, Howrah in Misc. Case No.99 of 2005 thereby allowing an application under Section 125 of the Criminal Procedure Code (in short, 'Cr.P.C.').

(2.) The short fact is that the petitioner and the opposite party No.2 were married on November 28, 2003 according to Muslim Rites and Customs without consent of his parents and after marriage the husband was living with the wife at the house of the father of the wife. One child was born in the wedlock. The members of the family of the husband took the husband/petitioner herein to their house on assurance that the wife would be taken to their house soon. Accordingly, the wife requested the husband to take her to their house. The parents of the opposite party demanded Rs.25,000/- and other articles as dowry. The father of the petitioner is poor and he was unable to pay the said dowry. The husband did not keep any information about the petitioner and the child. The petitioner has no income. On the other hand, the opposite party earns Rs.6,000/- per month by working as a Jori worker and he has also income to the tune of Rs.15,000/- to 20,000/- per month from landed properties. So, she filed the application for maintenance for herself and her minor son.

(3.) Husband/petitioner herein is contesting the said application denying the allegations raised in this application. He has also denied the relationship between the parties. He has contended that no marriage took place between them. There was no cohabitation between the two. The wife/opposite party No.2 herein is the aunt of the petitioner by relation and she led an immoral life for which the petitioner is not responsible. The wife is a married lady and her husband's name is Salauddin Laskar. The husband/petitioner herein earns Rs.700/- to Rs.800/- per month by working as a Jori worker and he has no landed property. So, the application should be dismissed.